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HomeMy Public PortalAboutOrd 1962 PDB Term LimitsORDINANCE NO. 1962 AN ORDINANCE AMENDING PLANNING AND DEVELOPMENT BOARD TERM PROVISIONS AND REGULATIONS; PROVIDING FOR AMENDMENT OF SECTION 2-63 OF THE CODE OF ORDINANCES; PROVIDING FOR AMENDMENT OF SECTION 3.01.02 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— AMENDING SECTION 2-63 OF THE CODE OF ORDINANCES. Sec. 2-63. - Membership, vacancy, compensation. (a) Membership. The board shall consist of five core members. All members shall be residents of the city and will be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. The term of office for the first two members appointed shall be two years. Terms of office shall commence on the first day of April of the year in which appointed. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. (b) Ex officio members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board, and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. (c) Alternate members. In addition to the five members, two alternate members may be appointed by a majority vote of the City Council to serve as alternates for the term of three years, or until a successor is appointed. The term of office for the first alternate member appointed shall be two years. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. Alternate members shall be residents of the city. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever an alternate member vacancy occurs on the Board, the City Council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. (d) Vacancies. If a vacancy occurs on the Board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. Any appointment made to fill any vacancy shall serve only for the remainder of the term that was left vacant. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. (1) In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. (e) Attendance. In the event any member should miss three meetings in a 12 -month period without justification, they shall be considered as resigned from the Board. In that event, the City Council may then appoint another person to fill the resulting vacancy. (1) Alternate members may be allowed to miss up to five meetings in a 12 -month period without justification. (2) In the event of an absence of any member, the chairman of the Board shall determine if staff had any contact with the absent member providing the reason for the said absence. With that information the chairman shall ask for a motion and to excuse or not excuse the absence. (f) Compensation. Members of the Board shall receive no salary for their services but may receive such travel and other expenses while on official business for the city as are made available by the City Council for these purposes. SECTION 2 — AMENDING SECTION 3.01.02 OF THE LAND DEVELOPMENT CODE. 3.01.02 - Membership, Vacancy, Compensation A. Membership. The Board shall consist of five core members. All members shall be residents of the city and will be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. The term of office for the first two members appointed shall be two years. Terms of office shall commence on the first day of April of the year in which appointed. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. B. Ex Officio Members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board, and one may be selected by the commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. C. Alternate members. In addition to the five members, two alternate members may be appointed by a majority vote of the City Council to serve as alternates for the term of three years, or until a successor is appointed. The term of office for the first alternate member appointed shall be two years. Successors appointed prior to the completion of a term shall serve only for the remainder of the term they are succeeding. In no case shall terms automatically extend or additional terms be granted to a member without action by the City Council. Alternate members shall be residents of the city. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the board in the same manner and to the same extent as the other members of the board. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever an alternate member vacancy occurs on the board, the city council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. D. Vacancies. If a vacancy occurs on the Board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. Any appointment made to fill any vacancy shall serve only for the remainder of the term that was left vacant. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the city council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. 1. In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. E. Attendance. In the event any member should miss three meetings in a 12 -month period without justification, they shall be considered as resigned from the board. In that event, the City Council may then appoint another person to fill the resulting vacancy. 1. Alternate members may be allowed to miss up to five meetings in a 12 -month period without justification. 2. In the event of an absence of any member, the Chairman of the Board shall determine if Staff had any contact with the absent member providing the reason for the said absence. With that information the Chairman shall ask for a motion and to excuse or not excuse the absence. F. Compensation. Members of the Board shall receive no salary for their services but may receive such travel and other expenses while on official business for the City as are made available by the City Council for these purposes. SECTION 3 — AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes, Section 2 of the City Charter, and the City of Crestview Land Development Code. SECTION 4 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 7 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of February 2023. Approved by me this 26th day of February 202. itten ayor ATTEST: Maryanne S!� er City Clerk